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Frustration of Purpose

The following summaries are of recent published decisions of the California appellate courts, the Ninth Circuit, and the United States Supreme Court. The summaries are presented without regard to whether Severson & Werson represented a party in the case.

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SVAP III Poway Crossings, LLC v. Fitness Internat., LLC, 87 Cal. App. 5th 882 (2023)

Fitness leased a building from SVAP.  The lease was for a period of 15 years with 3 five-year renewals at the tenant's option.  In the 20th year of the lease, COVID hit, and the tenant was forced by government orders to shutter its gym facility for several months.  This decision holds that despite the financial hardship the tenant suffered, it… Read More